Our Somerville Criminal Defense Firm Has Former County Prosecutors & Certified Criminal Trial Attorneys Who Are Ready To Defend Your Sex Assault Charge
Sexual assault is the label used in the New Jersey Criminal Code for conduct that is akin to what is commonly referred to as rape. While less severe in terms of punishment than aggravated sexual assault, this offense carries penalties that are extreme and a stigma that no one wants attached to them. This is one of many reasons why a savvy lawyer needs to be retained by you immediately. The attorneys at The Law Offices of Jonathan F. Marshall are thoroughly equipped to defend this charge with a team of criminal lawyers that include former prosecutors and possess over a century of collective experience. Whether you were charged and/or indicted for an incident in Franklin Township, Bridgewater, North Plainfield, Somerville, Watchung or another municipality, our Somerset County Office office is ready to work diligently to secure the very best outcome on your behalf. An attorney on our staff can be reached for an initial free consultation by calling us in Somerville at (908) 206-4238.
Sexual Assault Offense Under N.J.S.A. 2C:14-2
If you have been accused of sexual assault or have already been arrested, there are a few things you need to know. The first thing you should be aware of is that you can be charged with violating N.J.S.A. 2C:14-2 even though no one was raped. The reason is because criminal sexual contact of a child under thirteen (13) constitutes sexual assault when the accused is at least four (4) years older. In all other instances, a fundamental requirement in order to obtain a conviction is sexual penetration. Sexual penetration includes vaginal intercourse, cunnilingus, fellatio or anal intercourse, or insertion of a hand, finger, or object into the anus or vagina. An act of sexual penetration results in a violation of 2C:14-2 if:
1. The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisor or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status;
2. The victim is at least 16 but less than 18 years old and:
1. The actor is related to the victim by blood or affinity to the third degree; or
2. The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
3. The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
3. The Victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
Sexual Assault is a crime of the second degree that results in 5-10 years in state prison and a fine of up to $150,000. The No Early Release Act requires that the defendant serve at least eight-five (85) percent of the sentence imposed before they are eligible for parole. All individuals convicted of sexual assault are required to register as a sex offender under Megan’s Law.
North Plainfield NJ Sexual Assault Defense Attorneys
If you have been contacted by local police or county investigators regarding a sexual assault investigation or have been charged with sexual assault, enlisting the services of a knowledgeable attorney is of utmost importance. Lack of proper representation exposes you to a litany of tactics including unprotected interrogation by the county investigators or a member of the police department in Bound Brook, Montgomery, Manville, Hillsborough, Bernards or another municipality. Proceeding without a lawyer is certainly a very foolish decision which you should absolutely avoid. The lawyers at the Law Offices of Jonathan F. Marshall will protect you against a potentially disastrous move, for example, making an admission that negatively effects your defense. We will also undertake investigation to insure that you have every opportunity to dismantle the case against you. Our team of experienced criminal lawyers and former prosecutors will also explore the possibility of a motion to suppress evidence and other legal maneuvers to help you. To speak to a lawyer at the firm anytime 24/7, call our Somerville Office at 908-206-4238